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A BILL TO BE ENTITLED
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AN ACT
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relating to the circumstances under which consent to the taking of a |
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specimen of the breath or blood of a person arrested for certain |
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intoxication offenses is implied. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 724.012(b), Transportation Code, is |
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amended to read as follows: |
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(b) A peace officer shall require the taking of a specimen |
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of the person's breath or blood if: |
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(1) the officer arrests the person for an offense |
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under Chapter 49, Penal Code, involving the operation of a motor |
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vehicle or a watercraft; and |
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(2) either: |
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(A) the person was the operator of a motor |
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vehicle or a watercraft involved in an accident that the officer |
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reasonably believes occurred as a result of the offense and, [;
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[(3)] at the time of the arrest, the officer |
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reasonably believes that as a direct result of the accident: |
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(i) [(A)] any individual has died or will |
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die; or |
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(ii) [(B)] an individual other than the |
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person has suffered serious bodily injury; or |
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(B) at the time of the arrest, the officer |
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possesses or receives reliable information from a credible source |
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that the person has been previously arrested on two or more |
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occasions for an offense under Chapter 49, Penal Code, involving |
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the operation of a motor vehicle or a watercraft [and
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[(4) the person refuses the officer's request to
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submit to the taking of a specimen voluntarily]. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |